Spain remains one of Europe’s most attractive real-estate markets. With a sunny climate, strong rental demand and reliable legal protections, purchasing a property here can be a highly profitable investment — provided the process is handled correctly.
Buying abroad always involves risks. Spanish law is robust, but procedures differ significantly from those in Germany, the UK, the US and other jurisdictions. Proper legal guidance is what protects you from surprises.
Step-by-Step Legal Overview
1. Independent Legal Advice
Real-estate agents are not legal representatives. Their job is to bring buyer and seller together and earn a commission — they are not responsible for defending your rights.
Always appoint an independent lawyer who works exclusively for you.
2. Identify the Property Type
Are you buying:
- a detached house (villa), or
- an apartment in a community?
Each requires different legal checks. A proper due-diligence adapts to the specific type of property.
3. Land Registry Check (Registro de la Propiedad
Your lawyer must verify:
- Ownership details
- Mortgages, liens, embargos or ongoing court cases
⚠️ Important: registry data such as surface area or boundaries often does not match reality. These must be verified independently through surveys or municipal records.
4. Technical Building Inspection (ITE)
For older buildings (typically 30–50+ years), the ITE report is essential. It confirms:
- Structural condition
- Energy performance
- Maintenance status
The ITE is not public and must be requested from the seller or the building administrator.
5. Urban Planning File (Ficha Urbanística)
For standalone houses, your lawyer must check whether elements such as garages, pools or extensions are:
- legally authorised, and
- correctly reflected in the official description.
Unauthorised works can create serious legal and financial problems later.
6. Earnest Money Contract (Contrato de Arras)
This preliminary agreement normally includes:
- Final price
- Property description
- Distribution of notary/registry fees
It is legally binding:
- If the buyer withdraws → deposit is lost
- If the seller withdraws → seller must return double the deposit
Your lawyer must review, negotiate and tailor this document before signing.
7. Final Deed Before the Notary (Escritura de Compraventa)
The notarial deed officially transfers ownership and sets out:
- Payment structure
- Tax obligations
- Allocation of costs
keep in mind: The buyer has the legal right to choose the notary.
Taxes and Administrative Requirements
New vs. Resale Properties
- New-build properties: 10% VAT + 0.5–1.5% Stamp Duty (AJD)
- Resale properties: 6–10% Transfer Tax (ITP)
Additional costs:
- Notary and Land Registry fees
- Legal representation (strongly recommended)
NIE Number (Foreigner Identification Number)
Required for:
- Signing the deed
- Paying taxes
- Registering the property
We assist clients in obtaining the NIE both in Spain and from abroad.
3% Withholding for Non-Resident Sellers
If the seller is not tax-resident in Spain, the buyer must:
- Withhold 3% of the purchase price, and
- Pay it to the tax authority via Form 211 within one month
The seller later files Form 210 to settle their tax position or request a refund.
This requirement applies regardless of nationality (EU or non-EU).
If Problems Arise After the Purchase
Issues such as hidden defects, unregistered constructions or legal discrepancies may still appear.
In that case:
- A formal written notice must be sent to the seller
- This preserves evidence and stops legal deadlines from expiring
Your lawyer will manage the process to protect your rights.
We Can Help You
We are a law firm specialised in assisting foreign clients purchasing property in Spain.
We offer:
- Expertise in real-estate and urban-planning law
- Services in English and German
- A Bilbao-based office with nationwide coverage
Let us take care of the legal side so you can focus on enjoying your investment.
📧 info@rechtsbeistand-spanien.de
📞 +34 657 703 085
🌐 www.rechtsbeistand-spanien.de
Free initial consultation.
FAQ
1. Do I need a lawyer to buy property in Spain?
Strongly recommended. Real-estate agents do not represent you. A lawyer checks title, debts, planning issues and contracts.
2. What if the registered square meters do not match the actual size?
This is common. It may require a cadastral or planning correction. It must be identified before signing the deposit contract.
3. Can a foreign buyer choose the notary?
Yes. The buyer always has the right to select the notary in Spain.
4. How long does it take to obtain the NIE number?
Usually 1–6 weeks depending on the consulate or Spanish office. We can apply on your behalf.
5. What taxes apply when buying a home in Spain?
- New-build → 10% VAT + Stamp Duty (AJD)
- Resale → 6–10% Transfer Tax (ITP)
6. What if the seller is not a Spanish tax resident?
The buyer must withhold 3% of the price and pay it to the Tax Agency (Form 211).
7. Can legal issues appear even after the purchase?
Yes. Hidden defects or irregular constructions are possible. A formal written notice to the seller protects your rights.